§ 2611 — Costs, expenses, and attorneys’ fees [For application of this section, see 79 Del. Laws, c. 18, § 2]

The costs and expenses of all proceedings brought under this chapter, including the enforcement of the broker’s lien, including reasonable attorneys’ fees actually incurred, costs, and prejudgment and postjudgment interest at the contract rate specified in the brokerage agreement or, if no rate is specified, then at the legal rate, shall be borne by the party or parties to such proceeding against whom judgment is entered. If more than 1 party is so responsible for such costs, fees, expenses, and interest, then the costs, fees, expenses, and interest may be equitably apportioned by the court among those responsible parties, but in the absence of such apportionment, such responsible parties shall be jointly and severally liable.

In the event that a court or arbitrator determines that no lien should have been filed under this chapter, then the court or arbitrator shall order the broker to pay the prevailing defendant’s expenses of all proceedings under this chapter, including reasonable attorneys’ fees actually incurred, and costs.

Legislative History

79 Del. Laws, c. 18, § 1